Topic Archives: ITC News

In the first antitrust-based investigation at the ITC in more than 25 years, the Commission on May 26, 2016, instituted a Section 337 investigation (Inv. No. 337-TA-1002) brought by U.S. Steel against the 11 largest steel producers in China and nine of their distributors. ...›

On March 3, 2016, Administrative Law Judge David Shaw denied a motion to stay Investigation No. 337-TA-983 pending resolution of instituted inter partes reviews (IPR) for two of the three patents asserted in the investigation. The requested stay was denied even though the two IPRs were scheduled to conclude before the anticipated target date for the ITC investigation’s final determination. ...›

Mark Whitaker, an IP litigation partner in the firm’s Washington, D.C. office, has joined the editorial board for the MoFo@ITC blog. Leveraging more than 25 years of experience crafting litigation strategies before the U.S. district courts, the International Trade Commission (ITC), and the Court of Federal Claims, Mark will be a regular contributor to the blog. ...›

The past year has seen a number of major developments for Section 337 investigations at the International Trade Commission, including several high profile Federal Circuit decisions, the announcement or proposed expansion of two pilot programs for expedited proceedings, and the naming of a new Administrative Law Judge (ALJ). Here are the Top 10 developments at the ITC in 2015. ...›

In 2015, the ITC maintained an active docket in line with recent investigational trends. Overall, 36 investigations were instituted in 2015, compared to 39 in 2014 and 42 in 2013. In contrast, 2011’s all-time high of 69 new investigations remains an outlier. All of the investigations instituted in 2015 involved patent infringement allegations, while six investigations also included allegations of other unfair acts. ...›

The U.S. Office of the Intellectual Property Enforcement Coordinator (IPEC) is currently preparing its 2016–19 Joint Strategic Plan on Intellectual Property Enforcement. To assist in its development of the plan, IPEC issued a notice in 2015 requesting the views of the public on the IP challenges facing the nation. ...›

Although the number of new Section 337 investigations instituted during the past several years has been lower than the peak years of 2011-12, the ITC has experienced a flurry of new complaint filings in the last six weeks. Since late September, eight (8) new Section 337 complaints have been filed with the Commission. Assuming that all these complaints result in institution by the ITC, this would bring the total of new Section 337 investigations instituted to 33 to date during calendar year 2015. ...›

Judge MaryJoan McNamara has joined the ITC as an administrative law judge. With the addition of Judge McNamara, the ITC now has a full complement of six judges to preside over Section 337 investigations. Judge McNamara replaces Judge E. James Gildea, who retired last August after six years of service. ...›